Disposed

M/S. R.C. Shah ,Represented by Its Part.Rajeev Rupchand Shah v. Union of India Thr. Ministry of Defense and Ors.

Bombay HC21 Jul 2017ARP/3/2017

Case brief

AI extract

What is this about?

This court appointed Shri P.Y. Deshmukh as a Sole Arbitrator to adjudicate disputes in two arbitration petitions following the petitioner's satisfaction of the arbitrator's disclosure requirements regarding independence and the ability to complete the award within 12 months.

What did the court decide?

Appointment of Shri P.Y. Deshmukh as Sole Arbitrator; petitions disposed of; authenticated copy to be transmitted.

M/S. R.C. Shah ,Represented by Its Part.Rajeev Rupchand Shah Vs… — Arbitration | Bombay HC (2017)

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3.ARPS-2AND3-17.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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Arbitration Petition NO. 2 OF 2017 With Arbitration Petition NO. 3 OF 2017

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M/s. R.C. Shah , Versus

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Union Of India And Ors

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...Respondents

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Mr.Pralhad D. Paranjape, Advocate for the Petitioner. Mr.Y.R. Mishra i/b. Upendra Lokegaonkar, Advocate for the Respondents.

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CORAM : R. G. KETKAR, J. DATE : 21^st JULY, 2017

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P.C.

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Heard Mr.Pralhad Paranjape, learned counsel for the petitioner and Mr.Y.R. Mishra, learned counsel for the respondents in both Petitions, at length.

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Perused the earlier orders passed by this Court. By order dated 7.7.2017, I proposed to appoint Shri P.Y. Deshmukh, retired Chief Engineer (Additional Charge), P.W.D. Region Nashik, to act as a Sole Arbitrator to adjudicate the disputes between the parties. The prospective Arbitrator was directed to

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submit the statement of disclosure in writing in terms of

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3.ARPS-2AND3-17.doc

Sections 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996 (for short, 'Act'). The prospective Arbitrator was also directed to disclose in the statement of disclosure whether he can make award within a period of 12 months from the date of arbitral Tribunal entering upon the reference under Section 29A of the Act.

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Mr. Paranjape has tendered statements of disclosures in writing of the prospective Arbitrator, which are taken on record and marked 'X' respectively, for identification. The prospective Arbitrator has stated that the circumstances disclosing any past or present relationship with or interest in any of the parties or in relation to the subject matter in dispute, whether financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to his independence or impartiality do not exist and that he will devote sufficient time to the arbitration and will be able to complete the arbitration within 12 months.

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In view thereof, Shri Prabhakar Yashwantrao Deshmukh is appointed as a Sole Arbitrator to adjudicate the disputes and differences between the parties. Both Arbitration

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3.ARPS-2AND3-17.doc

Petitions are disposed of. Learned Counsel appearing for the parties as also the Registry shall forthwith transmit an authenticated copy of this order to the Arbitrator. Order accordingly.

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(R. G. KETKAR, J.)

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Deshmane (PS)

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M/S. R.C. Shah ,Represented by Its Part.Rajeev Rupchand Shah v. Union of India Thr. Ministry of Defense and Ors.

Case brief

What is this about?

What did the court decide?

M/S. R.C. Shah ,Represented by Its Part.Rajeev Rupchand Shah v. Union of India Thr. Ministry of Defense and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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